Why Hire Roden Law After Medical Malpractice in Charleston
Medical malpractice claims are heavily defended, and South Carolina requires specific steps before a lawsuit can even be filed. A case is won by showing, with qualified medical experts, that a provider fell below the standard of care and that it caused the harm.
- No fee unless we win. The consultation is free, and you pay nothing up front.
- A South Carolina lawyer on your case. Your case is handled under South Carolina law by attorneys licensed here, from our office at 127 King Street.
- Expert review from the start. South Carolina requires a qualified expert’s affidavit before suit, so we work with medical experts from the outset.
- Your records secured. We gather the medical records and build the timeline of what happened.
Medical Malpractice Cases We Handle
- Surgical errors. See surgical error claims.
- Misdiagnosis and delayed diagnosis. See misdiagnosis claims and emergency room errors in Charleston.
- Medication errors. See medication error claims.
- Birth injuries. See birth injury claims.
- Nursing home neglect. See nursing home abuse and neglect.
If a loved one died because of medical negligence, see medical malpractice deaths. For how a claim against a hospital works, see filing a medical malpractice claim against a Charleston hospital.
South Carolina Medical Malpractice Law
Steps before a lawsuit
Before a malpractice lawsuit can be filed, the patient must file a Notice of Intent to File Suit together with a qualified expert’s affidavit identifying the negligent act or omission, and serve it on every provider named (S.C. Code § 15-79-125; S.C. Code § 15-36-100). Filing the notice pauses the filing deadline. The parties must then mediate, generally within 90 to 120 days of service. If mediation does not resolve the claim, the lawsuit can be filed.
Deadlines
A malpractice claim generally must be brought within three years of the treatment, or within three years of when the injury was or reasonably should have been discovered, but no more than six years after the treatment (S.C. Code § 15-3-545). If the provider is a government hospital or employee, the South Carolina Tort Claims Act also applies: suit generally must be filed within two years of when the loss was or should have been discovered (S.C. Code § 15-78-110), recovery is capped at $1,200,000 per occurrence when a government-employed physician or dentist caused the harm and otherwise at $300,000 per person and $600,000 per occurrence, and punitive damages are not available (S.C. Code § 15-78-120).
Damage caps
South Carolina caps noneconomic damages, such as pain and suffering, in medical malpractice cases. The caps are adjusted each year; for 2026 they are $596,001 per health care provider or institution and $1,788,002 in total per claimant. They do not apply if the provider was grossly negligent, wilful, wanton or reckless and that conduct caused the harm, engaged in fraud or misrepresentation related to the claim, or altered or destroyed medical records to avoid the claim, and they do not limit economic damages such as medical costs and lost wages (S.C. Code § 15-32-220). Punitive damages must be proved by clear and convincing evidence (S.C. Code § 15-33-135).
Your share of fault
South Carolina uses modified comparative negligence: you can recover if you are 50% or less at fault, with your award reduced by your share (Nelson v. Concrete Supply Co.).
Where the case would be filed
Most Charleston County medical malpractice cases are filed in the Court of Common Pleas at the Charleston County Judicial Center, 100 Broad Street.
